[Congressional Record Volume 155, Number 163 (Wednesday, November 4, 2009)]
[Extensions of Remarks]
[Pages E2714-E2715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  H.R. 4016, THE HAZARDOUS MATERIAL TRANSPORTATION SAFETY ACT OF 2009

                                 ______
                                 

                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                      Wednesday, November 4, 2009

  Mr. OBERSTAR. Madam Speaker, today I introduce legislation to 
reauthorize the Department of Transportation's (DOT's) hazardous 
materials safety program. The authorization for the program expired on 
September 30, 2008. According to the Pipeline and Hazardous Materials 
Safety Administration (PHMSA), the agency within DOT that is tasked 
with the safe movement of nearly 1.2 million daily shipments of 
hazardous materials in the United States, over the past decade, there 
have been 170,527 incidents involving the transportation of hazardous 
materials, resulting in 137 fatalities and 2,857 injuries. However, 
according to an internal analysis conducted by PHMSA, dated May 11, 
2007, 60 to 90 percent of all incidents involving the transportation of 
hazardous materials that occurred from 2004 through 2006 were not 
reported by regulated entities to PHMSA. PHMSA, however, has done 
nothing to address the under-reporting of incidents.
  When Congress created PHMSA in 2004, the law included, at my request, 
a mandate that the agency shall consider the assignment and maintenance 
of safety as the highest priority. Unfortunately, PHMSA has lost sight 
of its safety mission.
  Over the past several months, the Committee on Transportation and 
Infrastructure has conducted an in-depth investigation of PHMSA's 
hazardous materials safety program. Our preliminary findings, which 
were released on September 10, 2009, coupled with the preliminary 
findings of the DOT Office of Inspector General, which also conducted 
an audit of PHMSA's hazardous materials safety program, revealed some 
alarming problems.
  We uncovered significant problems with PHMSA's special permits and 
approvals programs, which exempt regulated entities from hazardous 
materials regulations. PHMSA routinely grants these exemptions without 
making the findings required by its own regulations.
  We also found that PHMSA has virtually no process for data 
collection, analysis, and reporting. Most of PHMSA's database is 
incomplete or contains errors. If PHMSA cannot read its own data, how 
can it determine what its priorities should be? In addition, PHMSA has 
failed time and time again to address significant safety concerns that 
have been raised by its own enforcement personnel, the DOT Office of 
Inspector General, and the National Transportation Safety Board (NTSB). 
The NTSB has issued safety recommendation after safety recommendation 
to ensure the safety of transporting lithium cells and batteries on 
board aircraft. The NTSB has also issued safety recommendations on 
eliminating the transportation of hazardous materials in external 
product piping of loading lines underneath cargo tank motor vehicles, 
known as wet lines. Yet, PHMSA has failed to address these important 
safety recommendations.
  The safe transportation of lithium cells and batteries is an 
important issue and a rapidly increasing safety risk, as more and more 
technology relies on the use of various types of lithium cells and 
batteries. The batteries are widely used in personal electronic 
devices, such as cell phones and laptops. In 2008, more than 3.3 
billion lithium cells and batteries were transported worldwide, 
representing an 83 percent increase since 2005. Since 1996, the Federal 
Aviation Administration (FAA) and the NTSB have identified more than 
100 incidents involving lithium and other batteries on board aircraft 
where batteries have overheated, caught-fire, or exploded. Since 1999,

[[Page E2715]]

the NTSB has had concerns with the unacceptable risks posed by lithium 
batteries. This legislation requires the Administrator of PHMSA, in 
coordination with the FAA, to issue a regulation for the safe 
transportation of lithium cells and batteries. This regulation will 
include, among other things, requirements for: proper identification of 
lithium cells and batteries on board aircraft, packaging performance 
requirements, and other safety measures.

  The legislation also mandates implementation of an NTSB 
recommendation first issued over 10 years ago regarding wet lines. 
Currently, 30 to 50 gallons of flammable materials, such as fuel, can 
be transported in unprotected loading lines beneath cargo tank trucks. 
Over the past 10 years, there have been 184 incidents in which these 
wet lines were damaged or ruptured. H.R. 4016 prohibits the 
transportation of certain flammable liquids in the external product 
piping of cargo tank motor vehicles on newly manufactured vehicles 
within two years of the date of enactment, and for all existing 
vehicles beginning in 2021.
  H.R. 4016 also includes several requirements to strengthen emergency 
response capabilities. The ability of first responders to adequately 
identify and respond to a hazardous material substance release is 
critical. The bill enhances training for emergency responders and 
requires that responders are provided a higher level of training, known 
as Operations Level training. The bill also requires the Secretary of 
Transportation to develop minimum standards for those who provide 
hazardous materials emergency response information services. This 
provision will guarantee that these services are staffed on a 24-hour 
basis to ensure that, day and night, our emergency response capability 
is not jeopardized.
  The legislation makes significant safety enhancements to the 
``special permits and approvals'' process. H.R. 4016 requires that, 
prior to granting any special permit or approval, the Secretary shall 
make a determination that a person is fit, willing, and able to conduct 
the authorized activity. In part, this provision requires PHMSA to 
perform a fitness review of any person who requests an exemption from 
regulation to ensure that the applicant's safety record, accident and 
incident history are reviewed before any special permit is authorized. 
Currently, PHMSA reviews thousands of applications for special permits 
and approvals each year, with no review of an applicant's safety 
record. The bill will ensure that any person requesting an exemption 
from the regulations have a safe record, a compliant record, and a good 
reason for needing an exemption from the regulations.
  PHMSA is tasked with an enormous safety mission, yet it currently has 
only 35 investigators (plus seven supervisors) for the entire nation. 
H.R. 4016, authorizes 30 new inspectors for the program--almost 
doubling the number of inspectors. This bill also strengthens the 
inspection program by requiring the Secretary to carry out a new 
hazardous material enforcement program to develop uniform standards for 
inspectors and investigators; to train hazardous materials inspectors 
and investigators on how to collect, analyze, and publish findings from 
accidents and incidents; and to train hazardous materials inspectors on 
how to identify noncompliance with hazmat regulations and take the 
appropriate kind of enforcement action.
  The safe transport of hazardous materials is critical and affects the 
entire nation. H.R. 4016, the ``Hazardous Material Transportation 
Safety Act of 2009,'' will increase the hazardous materials safety 
program, strengthen emergency response capabilities, and increase 
enforcement of hazardous materials laws and regulations.
  I urge my colleagues to join me in supporting H.R. 4016, the 
``Hazardous Material Transportation Safety Act of 2009.''

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